Terms and Conditions Advertising Services

Terms and Conditions Advertising Services.

Last modified: 28/01/2020

General Terms and Conditions for Advertising Services offered by S.W. Globoo Limited.
The following General Terms and Conditions (collectively the “terms”) govern the provision of web advertising services by S.W. Globoo Limited (“Globoo”) through the portal called “Emmeuno” (“The portal” or “Emmeuno”).

1. Conclusion of the Contract

With the acceptance of the Insertion Order and the consequent completion of the payment, the Customer declares to have read and fully accepted these General Terms and Conditions for advertising services of S.W. Globoo Limited.

2. Duration

The duration of the advertising campaign is limited to the period of time ordered by the Customer and described in the Insertion Order, calculated from the first day of service activation / publication of the advertisement on the portal, until the expiry date of the advertising period indicated in the insertion order.

3. Service Conditions

The Customer acknowledges and agrees that the services provided by Globoo are not deemed exclusive and therefore Globoo has the right to provide the same services to competitors of the Customer. It is also understood that Globoo, while striving to accommodate Customers’ preferences as far as technically possible, reserves the right to determine the position of each advertisement.

The Customer undertakes to timely provide to Globoo all Ad material necessary for publication and distribution of the ads via e-mail to info@globoo.eu, according to the formats and technical specification set forth in the agreement, and understands that Customer’s failure to provide the materials in the abovementioned ways constitutes a breach of contract, pursuant to Article 1218 of the Italian Civil Code, and entitles Globoo to receive the whole amount owed under the agreement.

Globoo will confirm via e-mail the receipt of the correct advertising material. In the same email, the service activation date will be determined, which shall not, in any event, exceed 15 days from the date of the above mentioned communication.

If there has been an execution principle by both parties, failure of Customer to provide the necessary material entitles Globoo to receive the unpaid balance until the purchase price has been fully paid.

4. Termination of the contract

This contract can be terminated by both Globoo and the Customer, for well-founded reasons, by giving not less than 15 days written notice without prejudice to any rights that shall have accrued to the benefit of either Party prior to such termination. The intention to terminate the contract must be communicated clearly and explicitly via email, stating the reasons for termination. In the event this agreement is terminated, the Customer is not entitled to a refund.

This contract is, however, subject to termination when Customer fails to fulfill its contractual obligations defined in this agreement.

5. Fees

The Customer shall pay to Globoo the fee specified in the Insertion Order which together with these Terms and Conditions forms an integral part of the contract between the parties, under the terms indicated therein. In the event of late invoice payment, Globoo reserves the right to terminate the Contract by interrupting the diffusion of the Customer’s advertising and to claim any outstanding amounts due, plus interests on late payment as established by the regulations in force.

Upon payment of the established price, Globoo will issue a regular invoice. Payment may be made by bank transfer or PayPal directly to Globoo. The Customer shall send by e-mail the copy of the payment receipt together with the logo / advertising banner to be included in the portal.

6. Technical Features and Contents

The technical characteristics of the advertisments are specified in Annex “1” of this Agreement. All operations regarding the insertion of customer information and / or advertising material in the advertising space will be the full care and responsibility of Globoo. The Customer will assume a broader responsibility for the content, nature, quality and truthfulness of information, while Globoo is expressly exempt from any form of burden and liability in this regard.

7. Prohibited Content

Globoo, in its absolute discretion, reserves the right to refuse to publish any advertising in case:

1. deems that the advertisment (logo / brand) is prejudicial or a potential damage to its image or reputation or incompatible with its mission;
2. considers that the advertisement is unacceptable for reasons of general unsuitability.

In any event, ad placements including:

-illegal content, which promotes illegal activity or violates or allegedly violates the legal rights of third parties;
-content that infringes copyright, sells or promotes the sale of counterfeit products;
-content that incites, directly or indirectly promotes gambling in all its forms;
-propaganda content having a political or tradeunion nature;
-sexually explicit content and content promoting the production or distribution of child pornography, pornographic or sexually explicit material;
-dangerous and derogatory content such as offensive messages, including expressions of fanaticism, racism, violence, hatred, threats or particularly sensitive content will be rejected.

8. Responsability

The Customer shall be exclusively liable for all lawsuits relating to both the advertisement and the products and materials that the Customer decides to connect with. The Customer declares and guarantees that the use, reproduction, distribution and transmission of the advertisement does not violate any principle of Italian law or any third party rights, including, but not limited to violations and misappropriation of any copyright, registered trademark, title, business secret, music, images or any property or property right. The Customer agrees to a non-prosecution agreement with Globoo for any matter concerning the advertising and link content. The Customer also relieves Globoo from any legal costs related to the sponsorship, the link and its publication on the Globoo portal, assuming full responsibility and the charges deriving from any third party actions against Globoo, caused by the publication of its advertisement . The Customer may not transfer its obligations assumed with the request of sponsorship to third parties, as well as the rights and obligations deriving from the Insertion order. All responsibilities and obligations inherent and consequent to the advertisement are borne by the Customer.

9. Suspension of the Service

Globoo preserves the right to temporarily or permanently suspend the performance of its contractual obligations because of the occurrence of a force majeure event, or for an event that may justify the termination of the contract, for website maintanace, improvement and up-grading works, and for the imposition of competent authorities. In such cases, the rights accrued by the parties, including the right to reimbursement of shares / portions of any amount paid shall remain unaffected.

If Customer intends to insert information and / or images contrary to public order and morality on the portal or on its website linked to the portal, the contract must be considered legally terminated pursuant to Article 1456 of the Italian Civil Code, without Globoo being required to offer reimbursement and without prejudice to any other course of action by Globoo.

10. Logo protection

Customer shall provide Globoo with its own logo in use for the publication of advertising material on the portal subject to the Insertion order, for the sole purpose of promoting the image and the products of the Customer. The use of the logo is not transferable.

Globoo, as a utilizer, undertakes the obligation to:

use the logo within the limits set and in accordance with its intended purpose of fulfilling the contractual obligations and providing the service requested by the Customer; refrain from any activity that may cause damage (either directly or indirectly) to the logo and the customer.

The authorization for use of the logo expires with immediate effect:
– upon expiration of the contractual relationship,
– upon termination of the contract.

11. Discrepancies and Complaints

Any discrepancies between what is provided by the Customer and what is published on the portal must be promptly communicated to Globoo, in writing, also by e-mail, within 7 working days of the publication. Any discrepancies found and reported do not constitute grounds for termination of this contract, which will, however, be considered concluded. In case of reported discrepancies, Globoo shall make the necessary changes within 5 working days of receipt of the report; however, under no circumstances does this imply that Customer can claim any compensation. Globoo cannot be held responsible for short malfunctions of the services caused by website maintenance, technical failure, server failure, or any other type of issue on routers, telephone lines, telematic networks, etc. of its own or owned by companies selected for the provision of such services. Globoo assumes no responsibility for disservices, interruptions of services and / or damages attributable to force majeure such as natural and / or socio-political events.

12.Communications

All communications related to the contract shall be in writing and sent to info@globoo.eu

13. Cession of the Contract

This contract and the services provided therein may not be transferred by the Customer to third parties, except with the express prior written consent of Globoo, which in its sole discretion determines whether to grant it or not.

14. Regulatory law and Jurisdiction

This contract is regulated by the Italian law. Any disputes will be subject to the jurisdiction of the court of the Customer.

Last modified: 6 Settembre 2018

Introduction and definitions

By opening an Emmeuno account (hereinafter “The Licensor”) and the consequent acceptance of our terms and conditions, the User explicitly gives his/her consent to the processing of his/her personal data provided by the same for the purposes indicated below and which will be managed by the Licensor identified below as Data Controller of personal data in accordance with European Regulation no 2016/679. Further consent must be explicitly given by the User for direct and indirect marketing purposes.

For the purposes of reading and the correct interpretation of this Information Note:

“personal data” means any information concerning an identified or identifiable natural person (“data subject”); the natural person who can be identified, directly or indirectly, with particular reference to an identifier such as the name, an identification number, identity document, place and residence data, contact data such as email address or telephone number, an online ID or one or more characteristic elements of his/her identity and economic and social status;
“processing” means any operation or set of operations which are performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“profiling” means any form of automated processing of personal data consisting in the use of said personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the work performance, the financial situation, health, personal preferences, interests, reliability, behaviour, location or movements;
“filing system” means any structured set of personal data which is accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
“data controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
“processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller;
“third party” means a natural or legal person, public authority, agency or body other than the data subject, the data controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
“consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wish by which he or she, by means of a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

Data Controller

For the purposes of this Information Note, the Data Controller of personal data is the company S.W. Globoo Limited, email info@new.globoo.eu as a legal entity (hereinafter also “Data Controller”) which manages this service.

The processing of data collected by the Data Controller may also be carried out by Group Companies on behalf of the Data Controller, or by Third Parties as independent data controllers or on behalf of the Data Controller, whether they are ancillary service providers to perform the service as well as the supplier of the Internet connectivity services, in compliance with the consent given by the user where necessary, for the processing purposes described below.

The Data Protection Officer within the Data Controller’s organisation can be reached by e-mail addressed to dpo@new.globoo.eu

Purposes of the processing

The data provided by the user when registering his/her account, as well as the data subsequently provided for purposes other than the registration of his/her account, are processed by the undersigned Data Controller for the following purposes.

a. PURPOSE OF REGISTRATION OF THE ACCOUNT, FRUITION OF SERVICES OFFERED, AND FULFILMENT OF THE DATA CONTROLLER’S LEGAL OBLIGATIONS.

Registration of the user to the service and setting his/her account according to the various options allowed by the portal in harmony and according to the provisions of the applicable legislation.
Technical-administrative interventions by the competent departments within the company or the companies belonging to the group for an optimal configuration of the account and the consequent use of the services and products offered by the Licensor, including verification of the existence of the functional personal requirements both for validation of the account, and, subsequently, for the existence of the same requirements to enjoy the products offered by SW Globoo Limited, in accordance with the regulations of the Licensor contained in the various sections of this website and accepted by the user
any activity aimed at a correct execution of these Terms and Conditions of Use either by the User or the Licensor, including the settlement of any disputes, as well as the prevention and repression of any fraudulent and/or illegal activity.

b. PROMOTIONAL, ADVERTISING AND DIRECT AND INDIRECT MARKETING PURPOSES.

By registering to the website and accepting the terms and conditions of use, the User expressly accepts that his/her personal data are used by the Data Controller for promotional activities dedicated to customers, ensuring the correct and transparent information about the products offered on the portal, the proposed services, the fixed-term promotional campaigns which by their nature and in order to ensure an equal information among all Users, require to be forwarded to the contact details provided by the User to the Licensor for this purpose.

In particular, the activities referred to above as direct marketing activities consist of and are used for:

Sending advertising material, information, website updates, commercial proposals and promotional offers which may be of interest to the customer;
Conducting market surveys and opinion polls on customer satisfaction, the quality of products and services offered, as well as collecting complaints and useful suggestions;

In order to improve the website services as well as a more an efficient management of direct marketing activities, the Licensor may use profiling data, as defined in the introduction of this Information note.

Depending on the needs of the Licensor, the profiling activity may be carried out on individual or aggregated data, the latter referring to a collective data processing of all or a group of users.

The willingness of the user to accept the processing of his/her data for the purposes listed and defined above, must always be optional, without prejudice to the possibility of the user to request either the correction of any personal data provided, or their limitation to be used only for purposes strictly necessary for the execution of the agreement, and their cancellation in the ways specified below in the specific paragraph dedicated to exercising user rights.

c. TRANSMISSION OF PERSONAL DATA TO THIRD PARTIES FOR SPECIFIC PURPOSES.

The processing of personal data could also be carried out by third parties, including the companies of the S.W. Globoo Limited Group located within the borders of the European community to which the Licensor entrusts certain activities (or parts of these) for conferring the purposes mentioned in point a) and, should he/she have given their consent, for the further purposes mentioned in point b), in this case the same subjects will operate as autonomous data controllers or will be designated as data processors.

The Licensor will issue appropriate operating instructions to the data controllers, with particular reference to the adoption of the minimum security measures, in order to guarantee the confidentiality and safety of the data.

The third parties mentioned above are basically included in the following categories:

All public entities entitled to request data;
Judicial Authorities, Public Safety Authorities, for verifying compliance with regulatory requirements, for supplying communications required by law, or for asserting, ascertaining and/or ensuring compliance with a right in court;
subjects to whom we entrust the installation/maintenance of the systems and/or IT/computer systems) or subjects to whom the Licensor may entrust assistance, advertising, promotions and customer sales activities;
companies or authorities operating in the field of fraud prevention,
companies responsible for printing and shipping documents to customers;

User Rights

DATA RETENTION AND EXERCISE OF USER RIGHTS PURSUANT TO ART. 13 OF THE COMMUNITY REGULATION.

The data will always be kept in an archive filed in a secure and encrypted environment, inaccessible to third parties other than those specified in this information note and exclusively for the reasons identified above.

The data collected for the purposes indicated in this information note, do not prejudice the exercise by the User of the right pursuant to Art. 13 et seq. of the community regulation, which provides for the right of rectification, limitation of processing or cancellation of the same in harmony, in the manner and for the reasons provided for in articles 16, 17 and 18 of said Community Regulation.

The exercise of this right is guaranteed by our site both through actions indicated on the advertising materials submitted, or by contacting S.W. Globoo Limited at the email address dpo@new.globoo.eu

In any case, the Data Controller will retain these for the time necessary to ensure that all the contractual obligations and the fulfilments required are carried out. After closure of the account, such data will be retained for a period of time of not less than 5 years. However, they could be kept for a longer period of time than established in compliance with further rules and regulations, for the establishment, exercise or defence of a legal claim or to protect the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State.

RIGHT OF ACCESS

Pursuant to art. 15 of the Regulation, the User has the right to obtain from the data controller confirmation as to whether his/her personal data is or is not being processed, and if so, to access his/her personal data and the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right of the data subject to request from the controller rectification or erasure of personal data or the restriction of processing of personal data concerning him/her or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, all available information as to their source;
the existence or not of an automated decision-making processing, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Should the personal data be transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR Regulation relating to the transfer.

The data controller shall provide a copy of the personal data being processed. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

RIGH TO ERASURE

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws the consent on which the processing is based according to Article 6, section 1, letter a) or Article 9, section 2, letter a) of the Regulation and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21, section 1 of the Regulation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21, section 2;
d) the personal data have been unlawfully processed;
e) the personal data must be erased in order to comply with a legal obligation envisaged by Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the information company service offer referred to in Article 8, section 1.

The right to erasure does not apply in the cases described in letter C) of this information note.

WITHDRAWAL OF CONSENT AND RIGHT TO OBJECT

Where the User has given his/her consent to the processing of his/her personal data, this can subsequently be revoked, corrected or restricted, in compliance with the procedures and with the obligations and limits imposed by the Regulation. These rights can be exercised simply by informing the Data Controller by e-mail at dpo@new.globoo.eu.

Following this request, the Data Controller must proceed as instructed by the User, notifying the same will to any third parties to whom the data have been legitimately communicated for the same purposes referred to in this Information note.

Pursuant to art. 21 of the Regulation, the User shall have the right to object at any time to the processing of personal data concerning him or her for the purposes set out above.

Following this objection, the data controller shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of a legal claim.

It is also specified that, should the personal data be processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, including profiling, to the extent that it should be related to such direct marketing.

Should the data subject object to the processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

CONCLUSIONS

The exercise of the rights of the data subject provided for by art. 15 to art. 22 of the Regulation is, in principle, free for the data subject. Articles 15 to 23 of the Regulation are in any case available at this link: http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32016R0679&from=IT

Finally, the Customer has the right to lodge a complaint/report/appeal to the Italian Data Protection Authority pursuant to Articles 141 et seq. of the Privacy Code and 77 of EU Regulation 679/2016. In order to exercise his/her rights, the Customer may use physical persons, bodies, associations or organisations, conferring, for this purpose, a written proxy.

The Customer can also be assisted by a trusted person. To find out about your rights, lodge a complaint/report/appeal and always be up-to-date on legislation on the protection of persons as concerns the processing of personal data, the Customer can contact the Italian Data Protection Authority, consulting the website at the address http://www.garanteprivacy.it/

Copyright information

All websites and services available at www.globoo.eu and www.goboo.it and the related subdomains are owned by S.W. Globoo Limited.

Use of website consent

The services and their contents are protected in accordance with the current legislation on copyright. The user is not authorised to modify, publish, transmit, share, transfer, reproduce, reprocess, distribute, execute, give access or commercially exploit in any way the contents or services (including software) owned by S.W. Globoo Limited.

The user is authorised to download the material made available on condition that he/she faithfully reproduces all the copyright indications and does not alter the form. The download is allowed only for personal or informative use; therefore, any use for commercial purposes is excluded.

Software user licence

The user does not acquire any rights in relation to the use of the software present in the websites of S.W. Globoo Limited, excluding the personal use required to use the services themselves. Therefore, the user may not grant usage rights, assign or transfer licences in relation to such software.

Comunications

For any communication concerning the terms and conditions of use and to report any violation of the websites of S.W. Globoo Limited the user can write to info@globoo.eu

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